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State fines former Lowell cop $5,000 for conflict of interest

By Rick Sobey, rsobey@lowellsun.com

Updated:
08/07/2018 07:27:54 AM EDT

Fleming

LOWELL -- A former Lowell police sergeant who led the Lowell Police Academy and is now director of the Northern Essex Community College police academy, has paid a $5,000 fine for recommending the college purchase training gear from his private Lowell-based employer, All Sports Heroes in Lowell.

Thomas Fleming, who resigned from the Lowell Police Department in 2014 amid a test-taking scandal, last week agreed to pay the $5,000 civil penalty for violating two sections of the conflict-of-interest law, the State Ethics Commission announced Monday.

Fleming admitted he violated those sections of the conflict-of-interest law by recommending that Haverhill-based Northern Essex Community College buy gear for the academy from All Sports Heroes.

He represented both the academy and the sporting-goods company in those transactions, receiving commissions on training gear sold to the academy.

"His efforts at making things right are worthy of note," Kiley said. "When he learned of the possible concerns from the Ethics Commission, he immediately notified the college and wrote them a check for the amount he had earned."

When asked about Fleming's future at the academy, Kiley responded: "They run a great academy, and there's no reason to think there will be any changes with him running the academy.

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In 2014, the college hired Fleming as a consultant to help establish the academy, and appointed him academy director in 2015. While working for the college, Fleming also worked part-time for All Sports Heroes, owned by Mike Kuenzler, also a former Lowell police officer.

Fleming began earning commissions on All Sports Heroes sales, including the sale of physical training gear to the NECC academy. He presented price quotes from All Sports Heroes to the college, recommended that the college purchase training gear from All Sports Heroes, filled the academy's purchase orders, and approved payment of All Sports Heroes' invoices for the purchases.

Fleming received about $5,000 in commissions on training gear sales to the Northern Essex Community College academy.

Shortly after the State Ethics Commission contacted and interviewed him, Fleming wrote a letter to the college president notifying him that he had been employed by All Sports Heroes since 2014 and may have had an indirect financial interest in contracts made between the company and the college. Fleming tendered checks to the college totaling $2,952, the amount he believed he had earned in commissions on sales to the college.

The State Ethics Commission ruled that Fleming repeatedly violated Section 4(c) of the conflict-of-interest law, which "prohibits a state employee from representing or acting as the agent of anyone in connection with a matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest."

Fleming also repeatedly violated Section 6 of the conflict-of-interest law, which "prohibits a state employee from participating in his official capacity in a matter in which he or his private employer has a financial interest."

Kuenzler could not be immediately reached for comment Monday morning. His lawyer, Michael Gallagher, of Lowell, issued a statement on his behalf.

Gallagher said upon learning of the state investigation in 2017, "All Sports immediately offered to fully cooperate with the Commission's investigation and in fact did so, supplying the Commission with any and all requested information and documents. All Sports also promptly conducted its own investigation."

All Sports subsequently learned that in July 2017, Northern Essex Community College, through its Purchasing Department, requested quotes for its academy clothing/uniforms from six different state-approved vendors, including All Sports. Only three of the six vendors responded and after discussions between Northern Essex Community College and one of those three vendors, that vendor declined to provide a quote.

The college then received quotes from All Sports -- although not through Fleming -- and the one remaining vendor. That other vendor could not provide a quote on some of the items, however, and as to those items on which it did quote, its quote was 30 percent higher than All Sports' quote.

The college then suggested that Northern Essex Community College accept All Sports' quote. According to Gallagher, the college knew that Fleming worked for All Sports.

Gallagher emphasized that while All Sports was never cited or charged with any impropriety, the company has taken extensive disciplinary and remedial action, supplemental to Fleming's expression of apology and return of any and all commission monies to Northern Essex Community College.

"This action has included a requirement that before resuming any sales-related duties, he participate in re-training under All Sports' code of conduct and business ethics," Gallagher said. "In addition, All Sports has directed its outside legal counsel to update (the code) to include expanded conflict of interest instruction and direction, and to conduct annual refresher ethical training for all personnel."

Northern Essex Community College officials could not be reached for comment on Monday.

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